Fresh Stack Burger Co. Cancellation Decision
Summary
The USPTO Trademark Trial and Appeal Board (TTAB) issued a cancellation decision for the FRESH STACK BURGER CO. trademark. The decision, effective March 18, 2026, resulted in a refund being issued to the plaintiff, Merchants Distributors, LLC, under Trademark Rule 2.114(a)(2).
What changed
The U.S. Patent and Trademark Office's Trademark Trial and Appeal Board (TTAB) has issued a final decision in the cancellation proceeding TTAB92089611, concerning the trademark FRESH STACK BURGER CO. The decision, effective March 18, 2026, grants the cancellation and mandates a refund to the plaintiff, Merchants Distributors, LLC, pursuant to Trademark Rule 2.114(a)(2). This action effectively removes the trademark registration for Fresh Stack, LLC.
Legal professionals involved in trademark proceedings should note this outcome. While this is a specific case decision, it reinforces the application of Trademark Rule 2.114(a)(2) in cancellation actions. No immediate compliance actions are required for entities not involved in this specific proceeding, but it serves as a reminder of the TTAB's authority in trademark disputes and the potential for registration cancellation.
Penalties
Refund issued to plaintiff.
Source document (simplified)
Cancellation: FRESH STACK BURGER CO
Cancellation TTAB92089611-20260318 Kind: CAN Mar 18, 2026
Abstract
REFUND ISSUED - TRADEMARK RULE 2.114(A)(2)
Plaintiff: Merchants Distributors, LLC
Defendant: Fresh Stack, LLC
Mark at issue: FRESH STACK BURGER CO
Filing Date
2025-09-25
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